Our family has experienced firsthand the challenges of maintaining an edible landscape under the current, vague regulations in the City of Chino. These unclear and subjective landscape standards have not only created conflicts but have also discouraged responsible food production crucial for a sustainable future. We believe that residents should have the autonomy to grow food, conserve water, and maintain their landscapes without fear of inconsistent and subjective enforcement.

Chino, with its rich agricultural heritage, is perfectly poised to embrace modern landscaping practices that support responsible residential food production. This proposed amendment seeks to provide clarity in landscape regulations, ensuring that they serve multiple purposes such as beauty, sustainability, habitat preservation, and food production, while encouraging drought resilience, pollinator support, and environmental stewardship.

Currently, homeowners face potential penalties and objections for landscape choices that are beneficial but unrecognizable under the outdated framework. By adopting this amendment, Chino can protect its residents from inconsistent or subjective enforcement, promote environmentally friendly practices, and strengthen the community's resilience against climate challenges.

Data from similar initiatives in other municipalities show significant improvements in community satisfaction, environmental health, and resource conservation. For instance, cities adopting clear and fair landscape regulations have seen increased biodiversity, reduced water usage, and enhanced local food security.

With your support, we aim to honor Chino’s agricultural roots by facilitating modern practices that align with today's environmental and social goals. This can be an opportunity for the City of Chino to lead by example, demonstrating a balanced approach to urban living in harmony with nature.

Sign this petition to support the amendment of landscape regulations in the City of Chino that reflect progressive values and meet the needs of all residents. Together, we can foster a more sustainable, beautiful, and thriving community. Please add your name today.

 

 

 

RESIDENTIAL LANDSCAPE AND URBAN FOOD

PRODUCTION ORDINANCE

Proposed Municipal Code Amendment - Complete Draft

Drafting note: This document is drafted as proposed municipal code language for review,

discussion, petition use, or city staff consideration. It should be reviewed by the City Clerk, City

Attorney, or qualified legal counsel before use as an official initiative or ordinance filing.

SECTION 1. PURPOSE AND INTENT

The purpose of this chapter is to establish clear, objective, and modern standards for residential

landscapes, edible landscapes, and residential food production within the City.

This chapter is intended to:

1. Promote reasonable residential property rights and landscape diversity;

2. Encourage sustainable land stewardship and water-wise landscaping practices;

3. Support California drought resilience goals through reduced turf dependency and climate-

adaptive landscaping;

4. Encourage pollinator habitat, biodiversity, and ecological landscaping practices;

5. Promote urban agriculture and localized food production for community food security and

resilience;

6. Clarify standards relating to edible landscapes, food forests, and residential food production;

7. Ensure nuisance determinations are based upon objective and documented conditions rather

than subjective aesthetic preferences;

8. Preserve public health and safety while allowing for the continued evolution of landscaping styles

and residential character within the City.

SECTION 2. DEFINITIONS

Edible Landscape

"Edible landscape" means a designed, planted, or maintained landscape containing food-producing,

medicinal, or useful plants, including but not limited to fruit trees, vegetables, herbs, vines, berries,

edible shrubs, pollinator-supporting plants, medicinal plants, companion plantings, agroforestry

systems, food forests, permaculture systems, and mixed ornamental-edible plantings.

Draft for community review - not legal adviceDraft Municipal Code Amendment - Residential Landscape and Urban Food Production

An edible landscape may include decorative, ecological, agricultural, regenerative, or naturalistic

characteristics and shall not be considered commercial agriculture solely because edible or useful

plants are present.

Residential Food Production

"Residential food production" means the cultivation of edible, medicinal, or useful plants on

residential property for personal consumption, household use, donation, education, barter where

lawful, or lawful retail sale in compliance with applicable state and local regulations.

Food Forest

"Food forest" means a layered edible or useful landscape system that may include trees, shrubs,

vines, herbs, groundcovers, perennial vegetables, annual crops, pollinator plants, mulch, compost,

and soil-building practices designed to mimic ecological relationships and produce food or other

beneficial products.

Ecological Landscape

"Ecological landscape" means a landscape designed or managed to support biodiversity, soil health,

pollinators, water conservation, habitat value, nutrient cycling, or other ecological functions.

Active Landscape Management

"Active landscape management" means ongoing horticultural care consistent with the intended

landscape type, which may include pruning, trimming, deadheading, harvesting, seasonal cutback,

removal of diseased or dead plant material, mulching, composting, irrigation management, soil

building, and vegetation management.

Substantially Different Landscape

"Substantially different landscape" shall mean a landscape condition that creates a documented

threat to public health or safety, or which constitutes an objectively verifiable nuisance as defined

by this code. A landscape shall not be deemed substantially different solely because it contains

edible plants, differs from neighboring aesthetic styles, uses naturalistic or regenerative methods,

contains mulch or compost, incorporates dense vegetation, or departs from conventional turf-grass

landscape patterns.

SECTION 3. RESIDENTIAL FOOD PRODUCTION RIGHTS

Residential properties within residential zoning districts may contain edible landscapes, food

forests, ecological landscapes, and food-producing plants within front yards, side yards, and rear

yards, subject to objective maintenance, access, visibility, and safety standards established by this

chapter.

Residential food production shall be considered a customary accessory use incidental to residential

occupancy. The presence of edible plants shall not, by itself, alter the residential character of the

property.

Draft for community review - not legal adviceDraft Municipal Code Amendment - Residential Landscape and Urban Food Production

The cultivation of food for personal use, household use, donation, education, barter where lawful, or

lawful sale shall be expressly permitted and shall not alone constitute crop cultivation requiring

commercial agricultural classification, nuisance, blight, or an unlawful landscape condition.

SECTION 4. LANDSCAPE DIVERSITY AND EVOLUTION

The City recognizes that landscaping styles, horticultural practices, and community preferences

evolve over time. Diverse landscape approaches may contribute to reduced water consumption,

improved biodiversity, pollinator support, localized food production, climate resilience,

neighborhood sustainability, and community character.

Permitted landscape approaches include but are not limited to:

� edible landscapes

� ecological landscapes

� native plant gardens

� pollinator habitats

� water-wise landscapes

� regenerative landscapes

� food forests

� cottage gardens

� naturalistic planting designs

� mixed ornamental-edible gardens

A landscape shall not be deemed incompatible, blighted, or substantially different solely because it

differs from conventional ornamental landscaping patterns or incorporates dense, layered, seasonal,

or mixed vegetation.

SECTION 5. LANDSCAPE MAINTENANCE STANDARDS

All landscapes, including edible and ecological landscapes, shall be maintained in a reasonably

orderly, healthy, and actively managed condition consistent with the intended landscape design.

Maintenance activities may include:

� pruning

� trimming

� deadheading

� harvesting

� removal of diseased or dead plant material

� seasonal cutback

� vegetation management

� plant health management

� general horticultural upkeep consistent with the intended landscape designDraft for community review - not legal adviceDraft Municipal Code Amendment - Residential Landscape and Urban Food Production

The presence of layered, overlapping, interconnected, or densely planted vegetation shall not alone

constitute evidence of neglect, blight, nuisance, or lack of maintenance. Plant spacing and growth

habits shall be evaluated in relation to the intended landscape style, plant species, and accepted

horticultural practices.

A landscape shall not be deemed unmaintained solely because plants are touching or overlapping,

vegetation appears naturalistic, mulch or organic matter is present, seasonal dieback occurs, seed

heads are retained for harvest or habitat, or the landscape differs from conventional turf-and-shrub

landscaping patterns.

Enforcement determinations shall consider the overall health, functionality, and active management

of the landscape rather than subjective aesthetic preference.

SECTION 6. MULCHING, COMPOST, AND ORGANIC LAND

MANAGEMENT

Organic land-management practices are permitted and encouraged where maintained so as not to

create a documented public health hazard or objective nuisance condition.

Permitted practices include but are not limited to:

� mulching

� sheet mulching

� wood chips

� straw mulch

� leaf mulch

� chop-and-drop vegetation management

� composting

� natural soil building

� seasonal plant cycling

� organic matter management

� water-conserving groundcover systems

The presence of mulch, organic matter, compost, or decomposing plant material used for legitimate

horticultural, ecological, or soil-building purposes shall not alone constitute blight, nuisance, or lack

of maintenance.

SECTION 7. RODENT, VERMIN, AND PEST STANDARDS

No landscape, edible garden, ecological landscape, or residential food-production area shall be

declared a nuisance solely based upon speculation, generalized concern, subjective objection, or the

mere possibility of rodents, pests, or vermin.

Enforcement relating to rodents, vermin, or infestations shall require:Draft for community review - not legal adviceDraft Municipal Code Amendment - Residential Landscape and Urban Food Production

1. documented evidence of an active infestation;

2. identification of conditions directly attributable to the subject property;

3. verification through objective inspection standards, qualified personnel, or appropriate public-

health inspection methods.

The existence of dense vegetation, hedges, mulch, compost, edible gardens, ecological landscaping

practices, or layered plantings shall not alone constitute evidence of infestation or nuisance.

Comparable ornamental landscapes containing dense vegetation, including but not limited to

hedges, screening plants, Italian Cypress, ivy, groundcover masses, ornamental grasses, shrubs, or

similar plantings commonly permitted throughout the City, shall be evaluated under identical

objective nuisance standards.

SECTION 8. OBJECTIVE NUISANCE DETERMINATIONS

No landscape, edible garden, or residential planting area shall be declared a nuisance based solely

upon speculation, subjective aesthetic disagreement, potential future impacts, generalized fears, or

nonconformity with prevailing landscape styles.

A nuisance determination shall require objective evidence of a documented condition that

materially affects public health, safety, access, or substantial neighboring property use.

The City shall identify the specific code section alleged to be violated, the factual basis for the alleged

violation, the corrective action required, and measurable compliance standards.

SECTION 9. COMMUNITY FOOD PRODUCTION AND PROPERTY

AUTHORIZATION

The City recognizes residential food production, edible landscaping, and ecological landscaping as

beneficial community practices that may contribute to food security, localized food production,

pollinator habitat, biodiversity, drought resilience, environmental stewardship, and neighborhood

sustainability.

Nothing in this chapter shall be construed to impair the lawful property rights of owners or

authorized property managers regarding landscape modification on privately owned property.

Residential occupants, including tenants and lessees, may participate in gardening, edible

landscaping, and food-production activities consistent with lease agreements, property rules, and

owner authorization where required.

Permanent landscape modifications, including but not limited to planting of trees, installation of

food forests, substantial grading, irrigation system installation, or long-term structural landscape

Draft for community review - not legal adviceDraft Municipal Code Amendment - Residential Landscape and Urban Food Production

conversion, shall require authorization from the property owner or lawful property manager where

the occupant is not the property owner.

Nothing in this chapter shall prohibit or discourage reasonable gardening activities conducted with

owner permission, including container gardening, seasonal vegetable gardening, herb cultivation,

raised beds, and other non-permanent food production practices.

SECTION 10. ENFORCEMENT STANDARDS AND REMEDIES

No lawful edible landscape, ecological landscape, or residential food-production area maintained in

compliance with this chapter shall be prohibited, removed, or declared a nuisance contrary to the

provisions of this chapter.

No enforcement action shall be initiated or maintained based solely upon subjective aesthetic

preference, generalized speculation, unsupported concerns regarding potential pests or rodents, or

nonconformity with prevailing landscape styles.

Any enforcement action inconsistent with this chapter shall be subject to administrative and judicial

review. Property owners adversely affected by enforcement contrary to this chapter may seek

administrative appeal, declaratory or injunctive relief, recovery of costs where authorized by law,

and any other remedies available under applicable law.

The City shall bear the burden of demonstrating substantial evidence supporting any alleged

violation. Enforcement standards shall be applied uniformly throughout the City and shall not treat

edible or ecological landscapes more restrictively than comparable ornamental landscapes.

SECTION 11. SEVERABILITY

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held

invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the

validity of the remaining portions of this chapter. The City declares that it would have adopted this

chapter and each section, subsection, sentence, clause, phrase, or portion thereof regardless of the

fact that any one or more sections, subsections, sentences, clauses, phrases, or portions may be

declared invalid.

SECTION 12. CONSTRUCTION

This chapter shall be liberally construed to protect lawful residential food production, edible

landscapes, drought-resilient landscaping, pollinator habitat, ecological landscaping, and objective

nuisance enforcement, while preserving the City's authority to address documented public health,

safety, access, or nuisance conditions consistent with this chapter and applicable law.